Burton v. Deleplain
Missouri Court of Appeals
Appeal from Dallas Circuit Court, Hon. Ben. V. Oltra, Judge. The case is stated in the opinion. I. The court erred in admitting in evidence the execution in case of Lathrop v. Burton & Mulkey.
Read the full summary
Appeal from Dallas Circuit Court, Hon. Ben. V. Oltra, Judge. The case is stated in the opinion. I. The court erred in admitting in evidence the execution in case of Lathrop v. Burton & Mulkey. While the law may perpetuate the force of a judgment and execution until a sale can be made, if the levy has been made under the execution before the judgment ■expires, the judgment having expired before the execution is delivered to the officer, and before a levy is made, the execution expires with the judgment, and the officer has no power to make a levy or sale under such judgment and execution.…
1Opinion of the CourtPhilips, P. J.
Joseph Lathrop, on the twenty-eighth day of July, 1873, recovered judgment in the Bates county circuit court against Joel Burton. An execution on said judgment, bearing date July 14, 1883, was directed to the sheriff of Dallas county for execution. It was not received by the said sheriff, the defendant, Deleplain, until the twenty-second day of August, 1883, almost a month after the expiration of the ten *378years after the rendition of the judgment, within which ten years the statute permits the plaintiff to sue out an execution. This writ was levied, by the sheriff, on the first day of…
2Cases cited10 opinions
- Madison County Bank v. Suman's AdministratorSupreme Court of Missouri · 1883
- George v. MiddoughSupreme Court of Missouri · 1876
- Beedle v. MeadSupreme Court of Missouri · 1883
- Fenwick v. GillSupreme Court of Missouri · 1866
- Evans v. GallowayIndiana Supreme Court · 1863
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- McMaster v. RubyOregon Supreme Court · 1916
- Woodstock v. WhitakerNevada Supreme Court · 1944
- Kansas City Hydraulic Press Brick Co. v. BarkerMissouri Court of Appeals · 1892
- Watkins v. St. Louis Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1893